Terms of Service

About DIVER Biz

DIVER Biz provides an easy-to-use and efficient new way to manage and share business cards ("NFT business cards") as NFTs.

Account

To use the DIVER Biz service, you must register for a DIVER Wallet account ("Account"). An account may be required to use the DIVER Biz service. You are responsible for creating your own account.

When you create an account, you are responsible for (1) registering true and accurate information and (2) revising your registration from time to time to keep it current.

To protect your account, please do not share your password with anyone. You are solely responsible for any actions taken through your account. We may consider any action taken through your account to be your own action.

User Content

You own the content and information that you upload to our Product, and you are only granting us and our affiliates a worldwide, non-exclusive, worldwide, perpetual, irrevocable, royalty-free, right, under all copyright, trademark, patent, trade secret, publicity, privacy and other proprietary or intellectual property rights to use, copy, modify, publish, broadcast, display and distribute them in any media without any further consent, notice and/or compensation to you or others. You can end this license for specific content by deleting such content from our Product, or by closing your account, except to the extent you shared it with others as part of the Product and they copied, re-shared it or stored it. You represent and warrant that you have all rights to the images and content as are necessary to grant the above rights to us.

Privacy

Our Privacy Policy governs the collection and use of your personal information. Please review those provisions as well.

Third-party services

Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. When you use third-party services, their terms and privacy policies govern your use of those services.

Prohibited Activities

We strive to maintain great Services. To that end, DIVER Biz requires you to respect these limitations, and we may terminate your account if you don’t follow them.

Don’t use our Services in a manner that is unlawful, threatening, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, promoting of violence, invasive of another’s privacy, tortious, indecent or obscene

Don’t use our Services in a manner that violates or infringes the rights of others, including without limitation patent, trademark, trade secret, copyright, publicity or other proprietary rights

Don’t use our Services in a manner that involves uploading, posting, emailing, transmitting or otherwise making available any data that you not have the right to make available under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements, etc.

Don’t use our Services to do anything that victimizes, harasses, “stalks,” degrades, attacks or intimidates an individual or group of individuals on any basis, including but not limited to religion, gender, sexual orientation, race, ethnicity, age or disability

Don’t use our Services for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise

Don’t use our Services to promote sexually explicit or pornographic material

Don’t impersonate any person, business or entity (including but not limited to a DIVER official), or in any way falsely state or misrepresent your affiliation with a person or entity

Don’t use our Services in any manner that involves forging headers or otherwise manipulating identifiers in order to disguise the origin of any content transmitted or shared through the Services

Don’t use our Services in any manner that permits the creation, support, distribution, or other transfer of any viruses or any other computer code, files or programs that interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network

Don’t interfere with the proper functioning of any software, hardware, or equipment on our Services

Don’t engage in any conduct that inhibits or disupts anyone else’s use or enjoyment of our Services, or which we determine may harm we or our users

Don’t instigate or encourage others to commit illegal activities or cause injury to any person or property damage

Don’t encourages or otherwise engage in any conduct that would constitute a criminal offense or that gives rise to civil liability

Don’t use our Services contrary to our policies, any Agreement you have with us, or our rules, policies, or other guidelines applicable to the Services

Don’t violate the ITAR Act §22 USC 2778 and its amendments, including but not limited to the import or use of the Services in Afghanistan, Belarus, Burma, the Central African Republic, China, the Ivory Coast, Cuba, Cyprus, Democratic Republic of Congo, Eritrea, Haiti, Iran, Iraq, Kyrgyzstan, Lebanon, Liberia, Libya, North Korea, Russia, Somalia, Sri Lanka, Sudan, Syria, Venezuela, Vietnam, or Zimbabwe; and

Please don’t use our Services if you’re under sixteen years old or the age of majority in your jurisdiction.

Modification of Service; Termination of Service

DIVER Biz may change all or part of the Services at any time without prior notice to you if We deems it necessary. In addition, the Company may discontinue providing all or part of the Services without prior notice to the Customer in any of the following cases

1. When performing system maintenance or repair
2. When the provision of the Service becomes impossible due to force majeure, such as fire, power failure, or other accidents, natural disasters, war, riot, or labor disputes
3. In the event of system failure or concentrated system load
4. In the event of an emergency to ensure the safety of the customer or a third party or in the public interest
5. In addition to (1) through (4) above, when the Company reasonably determines that such action is necessary.

Limitation of liability

DIVER Biz shall not be liable for any lost profits, special, punitive, indirect, or incidental damages arising in connection with or related to these Terms, us, or our Services, even if we have been advised of the possibility of such damages. our total liability relating to, arising out of, or in any way connected with our terms and conditions, us, or our services shall not exceed one dollar ($1). the foregoing disclaimer of certain damages and limitation of liability will apply to the fullest extent permitted by applicable law. some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the above exclusions and limitations may not apply to you. notwithstanding anything to the contrary in these terms and conditions, the liability of the DIVER Biz parties shall be limited to the maximum extent permitted by applicable law.

Applicable Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of Nebraska, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Modifications

We may revise these Terms from time to time to better reflect:

1. improvements or enhancements made to our Software;
2. new regulatory requirements, or
3. changes in legislation.

If we make revises, we will notify you by revising the “Last Updated” date at the beginning of this Policy accordingly. Revise are binding on users of the Site and will take effect immediately upon posting. As a user, you agree to be bound by any changes, variations, or modifications to this Policy and your continued use of the Site shall constitute acceptance of any such changes, revisions, variations, or modifications. By continuing to use the Site, you also acknowledge and agree that we have provided you with sufficient notice of such changes. Our Terms of Use Agreement and Cookies Policy also apply to your access and use of the Site.

Contact

We welcome all questions, concerns, and feedback you might have about these Terms. If you have suggestions for us, please contact our customer success team.